Copyright Concepts : Meaning Of Copyright And Works In Which Copyright Subsists Under Indian Copyright Law

Copyright subsists in India under following classes of works;

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and

(c) sound recordings;

"literary work" includes computer programmes, tables and compilations including computer literary data bases.

"dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in writing or otherwise but does not include a cinematograph film.

"musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.

"artistic work" means-

(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality;

(ii) work of architecture; and

(iii) any other work of artistic craftsmanship

"cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and shall include video films.

Meaning of #Copyright :

"Copyright" means the exclusive right to do or authorise the doing of any of the following acts in respect of a work;

(a) In the case of a literary, dramatic or musical work:

(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii) to issue copies of the work to the public not being copies already in circulation;

(iii) to perform the work in public, or communicate it to the public;

(iv) to make any cinematograph film or sound recording in respect of the work;

(v) to make any translation of the work;

(vi) to make any adaptation of the work;

(b) In the case of a computer programme:

(i) All the Acts mentioned under “a” (for literary,dramatic or musical work) above, and

(ii) to sell or give on commercial rental , any copy of the computer programme, where the programme itself is essential object of the rental.

(c) In the case of an artistic work:

(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

(vi) to do in relation to an adaptation of the work any of the acts specified above in (i) to (iv).

(d) In the case of cinematograph film :

(i) to make a copy of the film, including a photograph of any image forming part thereof;

(ii) to sell or give on hire any copy of the film;

(iii) to communicate the film to the public;

(e) In the case of sound recording:

(i) to make any other sound recording embodying it;

(ii) to sell or give on hire any copy of the sound recording;

(iii) to communicate the sound recording to the public.

(f) Copyright in any design capable of being registered under the Designs Law:

If not so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process.